Board of Supervisors v. Reed's Landing Corp.

Pursuant to Virginia’s conditional zoning statutes, Code § 15.1-491.1 et seq., a locality is empowered to enact a zoning ordinance that “may include and provide for the voluntary proffering ... by [a zoning applicant] of reasonable conditions,” Code §§ 15.1-491.2 and -491.2:1, “for the protection of the community,” Code § 15.1-491.1. The dispositive issue in this appeal is whether, under the facts and circumstances of this case, the demand of a cash proffer by the Board of Supervisors of Powhatan County (the Board) violates Code § 15.1-491.2:1.

I

Reed’s Landing Corporation (the Developer) filed…